Inspector’s narrative
What the inspector wrote
Investigation Revealed the Following:
Allegation: Resident is being held at the facility against their will.
The details of the complaint alleged that (R#1) was held against their will at the facility.
On April 27, 2025, at approximately 8:30 AM, during a records review, LPA Iniguez observed a copy of (R#1)'s Durable Power of Attorney, which was dated and sealed on June 6, 2014. The document listed (W#1) as the decision-maker for (R#1). Additionally, LPA Iniguez reviewed (R#1)’s Identification and Emergency Information form or LIC 601, dated February 28, 2023. This form identified (W#1) as the person responsible for (R#1)'s financial affairs, payment for care, and as (R#1)'s legal guardian. Furthermore, LPA Iniguez noted that (R#1)’s facility face sheet, printed on April 22, 2025, indicated that (R#1) has a Durable Power of Attorney on file, with (W#1) listed as the responsible party. LPA Iniguez also reviewed (R#1)’s Admissions Agreement, which was dated February 28, 2023, and noted that (W#1) signed this document on behalf of (R#1).
On April 26, 2025, at approximately 8:30 AM, during an interview with the Administrator (A#1), she stated that when (R#1) moved into the facility, they had a Durable Power of Attorney designating (W#1) as their decision-maker. Additionally, (A#1) mentioned that (R#1) was not admitted under false pretenses and was not held against their will while residing at the facility.
On April 24, 2025, at approximately 3:00 PM, Licensing Program Analyst-LPA Alfonso Iniguez could not speak with (R#1) due to their cognitive impairment.
On April 26, 2025, at approximately 10:00 AM, during interviews with residents (R#2-R#8), (7) out of (7) stated that they are not being held against their will and feel safe living here at the facility.
Evaluation Report continues LIC 9099-C
On April 26, 2025, at approximately 9:00 AM, during interviews with facility staff (S#1-S#4), (4) out of (4) stated that that when (R#1) moved into the facility, they had a Durable Power of Attorney designating (W#1) as their decision-maker. Additionally, (4) out of (4) facility staff mentioned that (R#1) was not admitted under false pretenses and was not held against their will while residing at the facility.
On April 24, 2025, at approximately 8:30 AM, Licensing Program Analyst Alfonso Iniguez spoke via telephone with (W#1), who resides out of state. LPA Iniguez introduced himself and explained that he was calling to ask questions regarding the complaint allegation related to (R#1). He inquired whether (R#1) had been placed at the facility against their will. (W#1) responded, “No, they were not” confirming that (R#1) was not placed at the facility against their will or under false pretenses. (W#1) explained that the decision to place (R#1) in the facility was made because they were unable to meet (R#1)'s medical needs. Furthermore, (W#1) indicated that they held Durable Power of Attorney for both healthcare and financial decisions for (R#1).
During this investigation, LPA found did not find sufficient evident to support the above-mentioned allegation(s).
Based on the evidence gathered, interviews conducted, and records reviewed, the preponderance of evidence standard has been met; therefore, the above-mentioned allegation(s) are found to be
UNSUBSTANTIATED.
Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur.
An exit interview was conducted, and a copy of the Complaint Report was given to Stephanie Roldan/Resident Services Director.